The following definitions apply to the LDC unless specifically identified as applying to only a specific chapter or section of the LDC.

NOTES:

1. Chapter 15.270 ECC, Environmental Procedures – State Environmental Policy Act (SEPA), adopts by reference a number of definitions from the Washington State Administrative Code (WAC) for SEPA purposes. Where a conflict exists between a definition below and a definition adopted by reference from a WAC within Chapter 15.270 ECC, the definition adopted by reference in Chapter 15.270 ECC shall be applicable for purposes of Chapter 15.270 ECC.

2. All Division VI Critical Areas definitions are set forth within Division VI. Where a conflict exists between a definition below and a definition within Division VI, the definition in Division VI shall be applicable for purposes of Division VI. [Ord. 4656 § 1 (Exh. O2), 2013.]

“Administrative decision” means any decision made by the decision-maker. This includes decisions on code interpretation related to permit applications, and decisions as to whether or not permit applications meet the standards for any project that requires a decision.

“Adult family home” means a residential home in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

“Affordable housing unit” means, for the purpose of ECC 15.330.020, housing reserved for occupancy by eligible households and affordable to households with annual incomes below 80 percent of the regional median income, adjusted for household size, and no more than 30 percent of the monthly household income is paid for monthly housing expenses. Housing expenses for ownership housing include mortgage, property taxes, property insurance, and homeowner dues. Housing expenses for rental housing include rent and appropriate utility allowance.

“Agriculture” means the use of land for farming, dairying, pasturing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, and accessory activities, including, but not limited to, storage, harvesting, feeding or maintenance of equipment, but excluding stockyards, slaughtering or commercial food processing.

“Alley” means a thoroughfare which has been dedicated or deeded to the public for public use and which affords a secondary means of access to abutting property in most cases.

“Alter” or “alteration,” for purposes of the LDC, means any construction or remodeling which modifies all or part of the exterior appearance of a building, structure, or site, including but not limited to addition, removal, or replacement of architectural features; redesign of building components; change or substitution of existing materials; change of paint color; and site improvements. For purposes of Chapter 15.240 ECC, Nonconformance, “alter” or “alteration” shall be as defined in Chapter 15.240 ECC. For purposes of ECC Title 3, Buildings and Fire, “alter” or “alteration” shall be as defined in the International Building Code and International Residential Code.

Appeal, Closed Record. A “closed record appeal” means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing decision on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. The appeal may be granted or granted with modifications if the appellant proves that the decision of the decision-making body is not supported by a preponderance of the evidence or is clearly erroneous. In all other cases, the appeal shall be denied. In the appeal consideration, substantial weight shall be accorded to the decision-maker’s decision.

“Area of special flood hazard” means the land in the floodplain within a community subject to a one percent of greater chance of flooding in any given year. Designation on Flood Insurance Rate Maps always includes the letters A or V. Definitions of each zone are established by the Federal Emergency Management Agency (FEMA).

“Articulation” means the giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complimentary pattern or rhythm, dividing the large buildings into smaller identifiable pieces.

“Block” means a group of lots, tracts or parcels bounded by streets, pedestrian access ways, and other private internal circulation routes that allow for public access. For the purpose of block design provisions development proposal, permit, or approval, blocks are bounded by streets, pedestrian access ways, and other private interval circulation routes that allow for public access.

“Boarding houses, lodging houses, sororities, fraternities” means an establishment with lodging for five or more persons on a weekly or longer basis with a central kitchen and dining area maintained exclusively for residents and their guests.

“Boundary line adjustment” means a division of land made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. A boundary line adjustment may also include an extinguishment of an existing lot line resulting in the merger of two or more lots into a single lot of record. See ECC 15.260.050 for applicable provisions.

“Brewery” means an establishment which manufactures fermented malt beverages on site. A brewery may sell products manufactured on site for on-premises and off-premises consumption, but does not meet the requirements to be considered a brewpub.

“Built Green of Central Washington” is a residential green building rating program covering Kittitas, Yakima and Klickitat Counties and administered by the Central Washington Home Builders Association. Built Green currently certifies only single-family residential development using a menu of prescriptive measures based on the National Association of Home Builder’s (NAHB) National Green Building Standard. Projects earn between a two- and five-star rating based on the number of “points” achieved during the design and construction process. Only those projects seeking four- and five-star certification required verification by a third party. Link: http://builtgreencw.org/ [Ord. 4803 § 1, 2018; Ord. 4769 § 1, 2017; Ord. 4656 § 1 (Exh. O2), 2013.]

“Cannabis,” for the purpose of Chapter 15.370 ECC, means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. For the purposes of this title, “cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. The term “cannabis” includes cannabis products and useable cannabis.

“Certified local government” or “CLG” means a local government certified by the Washington State Historic Preservation Officer as having established its own historic preservation commission and a program meeting federal and state standards. See Chapter 15.280 ECC.

“City” means the incorporated city of Ellensburg, county of Kittitas, state of Washington, and its appointed or elected officials.

“Comprehensive plan” means the long-range plan used as a guide for the physical, economic, and social development of Ellensburg, as adopted by the Ellensburg city council on March 19, 2007, including all subsequent amendments thereto, Ordinance No. 4474, 2007.

“Conditional use” means a use which may be appropriate on a specific parcel of land within a given zoning district under certain conditions, but which is not appropriate on all parcels within the same zoning district. Such conditional uses may be permitted in such zoning districts, but only if specific provision for such conditional use is made in this title. See ECC 15.250.040 and Division III.

“Conference center” means an establishment developed primarily as a meeting facility, including only facilities for recreation, overnight lodging, and related activities provided for conference participants.

“Conical surface” means, for the purpose of Chapter 15.350 ECC, a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet upward to each one foot outward for a horizontal distance of 4,000 feet.

“Cottage housing” means a type of housing design established in ECC 15.540.050 that consists of small, detached dwelling units arranged in a cluster of four to 12 dwelling units around a common central open space at a density greater than the underlying zoning district. Such dwelling units may not exceed 1,200 total square feet in size and may be configured as condominiums or fee simple lots.

“Council” means the duly constituted legislative authority of the city of Ellensburg.

“CPTED” means a multi-disciplinary approach to deterring criminal behavior through environmental design. CPTED strategies rely upon the ability to influence offender decisions that precede criminal acts by affecting the built, social and administrative environment.

“Creation” or “establishment” as it pertains to Chapter 15.620 ECC is the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site where a wetland did not previously exist. Establishment results in a gain in wetland acres. Activities typically involved in excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support growth of hydrophytic plant species.

“Cultivation,” for the purpose of Chapter 15.370 ECC, means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.

“Cut-off angle” (of a luminaire) means the angle measured from the lowest point between a vertical line from the center of the lamp extended to the ground and the first line of sight at which the bare source is not visible. [Ord. 4807 § 3, 2018; Ord. 4803 § 1, 2018; Ord. 4728 § 1, 2016; Ord. 4656 § 1 (Exh. O2), 2013.]

“Development” means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard; and use of land or water or the intensification or expansion of the use of land or water.

“Domicile” as it pertains to marijuana cooperatives means a person’s true, fixed, primary permanent home and place of habitation and the tax parcel on which it is located. It is the place where the person intends to remain and to which the person expects to return when the person leaves without intending to establish a new domicile elsewhere.

Dwelling, Live-Work Unit. “Live-work unit” means an individual dwelling unit that is used for residential and nonresidential use types. The dwelling unit type may be any type that is permitted in the applicable zoning district. Permitted nonresidential uses may be those that are permitted in the applicable zoning district.

“Easement” means a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes. This may include pedestrianways, bicycle paths, utility easements, drainage, open space, etc.

“Elevation” means the height of an object in relation to mean sea level. When referred to in relation to architectural drawings, “elevation” means the architectural view of the front, side, or back surface of a structure to include doors, windows, and rooftop screening that is an extension of the facade, but excluding any roof area and rooftop equipment or structures.

“Enhancement,” as it pertains to Chapter 15.620 ECC, means the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention, or wildlife habitat. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Activities typically consisting of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hyroperiods, or some combination of these activities.

“Essential public facilities” means those facilities identified in RCW 36.70A.200 that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. See ECC 15.250.100. [Ord. 4803 § 1, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

“Fence” means a barrier composed of posts or piers connected by boards, rails, panels, or wire, or a masonry wall designed for the purpose of enclosing space or separating parcels of land. “Fence” does not include retaining walls.

“Fill” or “fill material” means earth or other solid material that is brought onto a property for use in regrading the ground surface; stabilizing on-site soils for support of structures, pavement, and other property features; altering watercourses or wetlands; or other purposes where the material becomes a part of the property. Fill material does not include such things as topsoil, beauty bark, compost, sand, gravel, or crushed rock used as a landscaped surface treatment.

“Fish and wildlife habitat conservation areas” means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas include the following: See Division VI.

1. Areas in which endangered, threatened, and sensitive species have a primary association.

2. State priority habitats and areas associated with state priority species.

3. All naturally occurring ponds and their submerged aquatic beds that provide fish or wildlife habitat.

4. Waters of the state.

5. All lakes, ponds, streams and rivers planted with game fish by a governmental or tribal entity.

6. State natural area preserves and natural resource conservation areas.

“Fixture” (also called a “luminaire”) means a complete lighting unit including the lamps, together with the parts required to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply.

“Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters. See Division VI.

“Flood insurance rate maps” means those maps which depict the various flood insurance rate zones of the 100-year floodplain which are determined by the Federal Emergency Management Agency. This term is interchangeable with “floodplain maps.” See Division VI.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. See Division VI.

“Floor area” means the sum of the gross horizontal area of the floor or floors measured from the exterior faces of the exterior walls, including elevator shafts and stairwells on each floor and all horizontal areas having a ceiling height of seven feet or more, but excluding all parking and loading spaces, cellars, unroofed areas, roofed areas open on two sides, areas having ceiling height of less than seven feet and basements used exclusively for storage or housing of mechanical or central heating equipment.

Floor Area, Gross. “Gross floor area” means the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term gross floor area includes basements, elevator shafts and stairwells at each story, floor space used for mechanical equipment with structural head room, interior balconies, and mezzanines. For the purpose of determining off-street parking requirements, this definition excludes areas within the building used for parking and loading purposes.

“Foot-candle” means a measure of luminance or a measure of how bright a light appears to the eye. One foot-candle is equal to one lumen/square foot. As an example, a typical 60-watt incandescent lamp (840 lumens) produces a luminance of one-tenth foot-candle at a distance of about 25 feet.

“Frequently flooded areas” means lands within the floodplain subject to a one percent or greater chance of flooding in any given year. These lands shall be consistent with all designations of the Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program. These are designated on the FEMA flood insurance rate map set by the Federal Insurance Administration as being inundated by the waters of the 100-year flood. See Division VI.

“Frontage” means either the front of the lot abutting a street or the front of a building (where the main entrance to the particular use is), depending on the context it is used in. Unless the context specifically refers to “building frontage,” the term frontage shall mean the front of the lot abutting the street. Where a lot is adjacent to multiple streets, then it has multiple frontages, for the purpose of the standards in this title unless otherwise noted.

“General service establishment” refers to a category of uses whose primary activity is the provision of assistance, as opposed to products, to individuals, businesses, industry, government, and other enterprises. Specific uses in this category include but are not limited to postal and courier services, equipment rentals, repair shops, laundries, automobile fueling, and other services.

“Geologically hazardous areas” means areas reasonably subject to significant hazards because of their susceptibility to erosion, sliding, earthquake or other geological events and as such are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. The intent is to classify and designate areas on which development should be prohibited, restricted or otherwise controlled because of danger from geological hazards. Those areas in the city designated as having slopes which exceed 40 percent are designated as geologically hazardous areas and subject to the requirements of Division VI – Critical Areas District.

“Glare” means light emitting from a luminaire with an intensity great enough to reduce a viewer’s ability to see, and in extreme cases causing momentary blindness.

2. “Finished grade” means the final grade of the site that conforms to an approved plan.

“Green roof” is an area of living vegetation installed on top of buildings that can help mitigate stormwater runoff, increase thermal and acoustical properties within the building, and provide habitat for wildlife. [Ord. 4807 § 6, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

“Heavy industry” means construction, mining, manufacturing, transportation, and public utilities due to the land use intensity impacts typically associated with large industrial uses, their accessory outdoor storage uses, and large building areas. This use category includes, but is not limited to, food processing, wrecking yards, building material manufacturing, chemical plants, concrete and asphalt plants, freight facilities, and livestock feeding lots.

“Heavy retail” includes retail activities that are generally conducted indoors but may have an ancillary use, such as a garden center, where limited outdoor operations, storage, and sales may occur. This use category includes, but is not limited to, agricultural supplies, building materials, manufactured homes, and outdoor display/sales. Heavy retail uses are limited to buildings no larger than 50,000 gross square feet in area.

“Heavy service” includes service activities that may have regular exterior service, or storage areas. This use category includes, but is not limited to, contractors, heating fuels, truck stops, breweries and warehousing. Heavy service uses are limited to buildings no larger than 50,000 gross square feet in area.

“Homeowners’ association” means a corporation, unincorporated association, or other legal entity, each member of which is an owner of residential real property located within the association’s jurisdiction, as described in the governing documents, and by virtue of membership or ownership of property is obligated to pay real property taxes, insurance premiums, maintenance costs, or for improvement of real property other than that which is owned by the member. “Homeowners’ association” does not mean an association created under Chapter 64.32 or 64.34 RCW. See ECC 15.290.020 for provisions associated with maintenance and control of common areas, parking areas, open spaces, access areas, buffer areas, and any and all other common aspects of a development project.

“Hospital” means an institution receiving inpatients and outpatients and rendering medical, surgical and/or obstetrical care and associated support facilities such as administrative offices, information technology department, or other similar facilities.

“Hotel” means any building or portion thereof in which lodging is provided and offered to the public for compensation, and which is open to transient guests and is not a boarding, lodging, sorority or fraternity house. [Ord. 4807 § 7, 2018; Ord. 4769 §§ 2 – 4, 2017; Ord. 4725 § 1, 2016; Ord. 4696 § 1, 2015; Ord. 4656 § 1 (Exh. O2), 2013.]

“Incentives” are such compensation, rights, privileges, or combinations thereof which the Ellensburg city council or other county, state, or federal public agencies, by virtue of applicable present or future legislation, may be authorized to grant or obtain for the owner(s) of designated landmarks, landmark sites, or landmark districts. Examples of economic incentives include, but are not limited to, tax relief, conditional use permits, rezones, street vacations, transfers of development rights, facade easements, gifts, preferential leasing policies, private or public grants-in-aid, beneficial placement of public improvements or amenities, or the like. See Chapter 15.280 ECC.

“Indoors,” for purpose of Chapter 15.370 ECC, means within a fully enclosed and secure structure that complies with the Washington State Building Code, as adopted by the city of Ellensburg, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two inches by four inches or thicker studs overlain with three-eighths-inch or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

“Installed” means the initial installation of outdoor light fixtures, as defined herein, made subsequent to the enactment of the ordinance codified in this chapter and shall not pertain or apply to those outdoor light fixtures existing at the time of enactment of the ordinance codified in this chapter, or to the maintenance or replacement of existing fixtures with like or similar fixtures.

“Kennel” or “shelter” means any outdoor or indoor facility which houses four or more small domestic animals (that number not including one unweaned litter) for periods longer than 24 hours as a commercial venture, as a nonprofit organization, or for a governmental purpose. The facility may be either a separate business or an accessory use. A kennel is to be distinguished from a veterinary clinic which houses animals for periods that may exceed 24 hours as a commercial venture that is accessory to the primary medical activity performed in a veterinary clinic. See definition of “Veterinary clinic” in ECC 15.130.220. [Ord. 4807 § 8, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

“Larger than utility runway” means a runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.

“LEED” is a green building certification system used throughout North America and internationally. Administered by the U.S. Green Building Council (USGBC), various LEED rating systems apply to residential, commercial and institutional buildings. Each rating system consists of a checklist of prescriptive and performance-based measures and certification is earned based on the number of “points” a project achieves during the design and construction process. Certification is administered through the Green Building Certification Institute. Link: www.usgbc.org.

“Legal parcel,” for the purpose of Chapter 15.370 ECC, means a parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, which for purposes of this title shall also include parcels organized as a condominium, such legal parcels shall be counted as a single parcel.

“Light industry” refers to a category of uses that accommodate limited intensity levels of manufacturing and assembly activities, storage, warehousing, services, associated offices and similar uses. This use category includes, but is not limited to, contractors, call centers, textiles, wood products, printing, pharmaceuticals, machinery manufacturing, research and development, regional distribution, and crematories.

“Light pollution” means general sky glow caused by the scattering of artificial light in the atmosphere and resulting in decreased ability to see the natural night sky.

“Living Building Challenge” is certification program administered by the International Living Future Institute. It addresses both residential and commercial buildings and developments and is comprised of a list of 20 performance-based imperatives, or mandatory requirements necessary to achieve certification. A living building must be completed and occupied for a minimum of 12 months prior to certification, which is based on actual rather than predicted performance. Link: www.ilbi.org.

“Long plat” or “subdivision plat” means the map or representation of a subdivision of land into 10 or more lots, tracts or parcels, both in preliminary and final form, containing all of the pertinent information as required by this title. See Chapter 15.260 ECC.

Lot. For purposes of this title, a “lot” is a parcel of land and may consist of:

3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record;

4. A parcel of land described by metes and bounds; provided, that in no case of division or combination of parcels of land shall any residual lot or parcel be created which does not meet the requirements of this title.

For the purpose of subdivision regulations set forth in Chapter 15.260 ECC, a “lot” is a fractional part of subdivided land having fixed boundaries, being of sufficient area and dimensions to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

2. “Rear lot line” means the lot line opposite and farthest from the front lot line. For a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and farthest from the front lot line, not less than 10 feet long and wholly within the lot.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Chapter 15.600 ECC.

“Maintenance and repair in-kind” means work whose purpose and effect is to prevent or correct deterioration or damage to real property and the improvements thereon, using like materials, and returning the property to the condition and appearance that existed prior to the deterioration or damage.

“Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination (as defined in RCW 69.50.101 and provided herein for reference).

“Marquee” means an immobile covering structure projecting horizontally from and attached to a building and constructed of material other than cloth, canvas or other fabrics.

“Median income” means, for the purpose of ECC 15.330.020, the median income for the Ellensburg Micropolitan Statistical Area as most recently determined by the Secretary of Housing and Urban Development under Section 8(f)(3) of the United States Housing Act of 1937, as amended, or if programs under said Section 8(f)(3) are terminated, median income determined under the method used by the Secretary prior to such termination. In the event that HUD no longer publishes median income figures for the Ellensburg Micropolitan Statistical Area or Kittitas County, the city may use any other method for determining the Kittitas County median income, adjusted for household size.

“Miniwarehouse” means an enclosed single-story building(s) designed and constructed to provide individual compartmentalized controlled access stalls or lockers which shall be used only for the storage of personal property. Ministorage is synonymous with miniwarehouse.

“Moderate income household” means, for the purpose of ECC 15.330.020, a household whose gross income of all permanent household members over the age of 18 is equal to or less than 80 percent of the Kittitas County median income, adjusted for household size.

“Nonconforming lot” means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the LDC but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

1. “Benign nonconformance”: A nonconformance that does not have a negative impact on the health and safety of the public but may have an impact on public welfare. Examples may include lots with inadequate landscaping, number of parking spaces, or minimal deviation from dimensional standards; or structures that are within a required yard setback, or are taller than allowed by the zoning district; or a use such as an existing multifamily development in a single-family zoning district. Such uses fail to meet current zoning or development standards but the nonconformity has been in existence and is not significant or demonstrably harmful to the health and safety of the public, and there is little or no need to limit the development from expansion, redevelopment, or other activities provided such expansion or redevelopment does not negatively increase the existing impact on public health, safety or welfare.

2. “Detrimental nonconformance”: A nonconformity that has a negative impact on the health, safety and welfare of the public. Examples include uses involving hazardous materials, such as gasoline, in single-family neighborhoods, uses that produce significant noise, such as body shops or paint shops, uses that have been deemed incompatible in certain locations, such as adult entertainment establishments near schools, or uses that have large trip generation characteristics such as drive-through restaurants. Detrimental nonconformities clearly have the potential for harm and should be subject to limitations leading to their eventual removal or modification into compliance with current standards.

“Nonprecision instrument runway” means, for the purpose of Chapter 15.350 ECC, a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

“Nursing home” means any facility licensed by the Washington State Department of Social and Health Services or other appropriate state agencies, providing convalescent, chronic or domiciliary care for a period in excess of 24 consecutive hours, for three or more patients or residents not related by blood or marriage to the licensee. [Ord. 4656 § 1 (Exh. O2), 2013.]

“Occupancy” means the purpose for which a building is used or intended to be used. For purposes of this title, a change of occupancy is not intended to include change of tenants or proprietors, but intended to indicate a change in the type of use.

Office, Business or Professional. “Business or professional office” means an office wherein business, technical or scientific services are rendered involving labor, skill, education and special knowledge for certain compensation or profit, but such labor, skill, education and special knowledge being predominantly mental or intellectual, rather than physical, manual or mercantile in nature. Examples of such uses would include, but not be limited to, the offices of lawyers, accountants, brokers, and insurance agents.

Office, Medical. “Medical office” means an office or clinic used primarily by physicians, dentists, optometrists, and similar personnel for the treatment and examination of patients solely on an outpatient basis; provided, that no overnight patients shall be kept on the premises.

“One-hundred-year (100-year) flood” means a type of flood which can be expected to occur at any time in a given year based upon recorded historical precipitation and other valid data, but with an average statistical one percent chance of being equaled or exceeded during any one year. This term is interchangeable with a “one percent” or “intermediate regional flood” or “base flood.” See Division VI.

“Outdoors” means, for purposes of Chapter 15.370 ECC, any location that is not “indoors” within a fully enclosed and secure structure as defined herein.

“Outlet center” means a shopping center which does not contain an anchor retail store and which at least 51 percent of the retail tenants are manufacturer outlet retailers offering manufacturer-branded goods. The minimum size of an outlet center shall be 150,000 gross square feet and the maximum size of any single retail tenant shall not exceed 15,000 gross square feet of floor area.

“Owner occupancy” or “owner occupied” means occupancy by a property owner, as reflected in property title records, who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and actually resides at the site more than nine months out of any given year.

“Park” means those areas of land under public ownership devoted to passive and active recreation activities and facilities. Such activities include open spaces, playgrounds, athletic fields, athletic or recreation structures.

“Permeable pavement” is a paving system which allows rainfall to percolate through it into the underlying soil or an aggregate reservoir. Examples include porous asphalt, porous concrete, interlocking concrete pavers, and open cell paving grids.

“Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized. “Person” includes a trustee, a receiver, an assignee, or a similar representative.

“Personal services” means services rendered to individuals for their personal physical appearance and conditioning needs. Examples would include but not be limited to the following types of services: barber, beautician, masseur, and steam and sauna baths.

“Places of assembly” means a structure for groups of people to gather for an event or regularly scheduled program. Examples include but are not limited to arenas, religious institutions, lecture halls, banquet facilities, and similar facilities.

“Plant” means, for the purpose of Chapter 15.370 ECC, an organism having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system shall be considered part of the same single plant.

“Precision instrument runway 29” is, for the purpose of Chapter 15.350 ECC, a 50,000-foot-long trapezoid that is 1,000 feet wide at the point where it meets the primary surface. It has a 50:1 slope for the first 10,000 feet and a slope of 40:1 for the remaining 40,000 feet. The approach surface is 16,000 feet wide at the outermost point.

“Public place” includes, for the purpose of Chapter 15.370 ECC, streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; premises where goods and services are offered to the public for retail sale; public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, stores, garages, and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, buses, ferries, and other public conveyances of all kinds and character, and the depots, stops, and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

“Public use” means any use of land by the public or a local, state or federal government agency.

“Public utility” means any use of land by a local, state, or federal agency, or by any person, firm or corporation licensed or franchised by such a government agency involving the transportation or transmission of materials, signals or electrical energy by vehicle or through conduit, wire, pipe or other similar device. Typical examples of this would include water, gas and sewer mains, television or telephone lines, and refuse collection. For the purpose of this title, such uses located or to be located on the properties they are to serve shall not be included in this definition.

“Public works development standards” means those standards filed by the director of public works and utilities with the Ellensburg city clerk, as approved and adopted by reference in ECC 4.04.020, including any amendments thereto made in accordance with ECC 4.04.040. [Ord. 4804 § 4, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

“Qualified professional” is determined by the person’s professional credentials and/or certification, any advanced degrees earned in the pertinent scientific discipline from a recognized university, the number of years of experience in the pertinent scientific discipline, recognized leadership in the discipline of interest, formal training in the specific area of expertise, and field and/or laboratory experience with evidence of the ability to produce peer-reviewed publications or other professional literature. No one factor is determinative in deciding whether a person is a qualified scientific expert. Where pertinent scientific information implicates multiple scientific disciplines a team of scientific experts may be required representing various disciplines to ensure the identification and inclusion of the best available science.

6. a. Has an authorization from his or her health care professional; or

b. Beginning July 1, 2016, has been entered into the medical marijuana authorization database and has been provided a recognition card; and

7. Is otherwise in compliance with the terms and conditions established in Chapter RCW 69.51A.

The term “qualifying patient” does not include a person who is actively being supervised for a criminal conviction by a corrections agency or department that has determined that the terms of this title and Chapter 69.51A RCW are inconsistent with and contrary to his or her supervision and all related processes and procedures related to that supervision.

“Quasi-judicial” means the action taken and discretion exercised by public administrative agencies or bodies that are obliged to investigate or ascertain facts and draw conclusions from them as the foundation for official actions. The review process Types III and IV as defined in ECC 15.210.030 are examples of quasi-judicial decisions. [Ord. 4803 § 1, 2018; Ord. 4728 § 3, 2016; Ord. 4656 § 1 (Exh. O2), 2013.]

“Recreational vehicle” is a vehicle designed primarily for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle, including but not limited to:

“Regional retail commercial” refers to any use which involves the display and sale of retail consumer goods as part of a regional retail master site plan approved in accordance with the standards and design criteria of Chapters 15.390 and 15.390A ECC. Permitted uses and exceptions are described within ECC 15.390.030. Regional retail commercial developments contain a minimum of 100,000 square feet of enclosed gross floor area of allowable uses; provided, that at least 50,000 square feet must be used by one retailer.

“Residential care facilities” means a facility that provides, on a regular basis, personal care, including dressing and eating and health-related care and services for at least five, but not more than 15, functionally disabled persons and which is not licensed under Chapter 70.128 RCW. A residential care facility shall not provide the degree of care and treatment that a hospital or long-term care facility provides.

“Restoration,” as it pertains to Chapter 15.620 ECC, is the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purposes of tracking net gains in wetland acres, restoration is divided into:

• Re-establishment: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Re-establishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles.

• Rehabilitation: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain.

“Retail” means any use which involves the display and sale of retail consumer goods.

“Right-of-way” means a general term denoting land, property or interest therein which is meant for public use, usually for transportation purposes. Rights-of-way are distinguished from easements in that they are separate and distinct from the lots adjoining such rights-of-way and are not included in any private ownership.

“School” means, for the purposes of Chapter 15.370 ECC, an institution of learning for minors, whether public or private, offering regular course of instruction required by the Washington Education Code. This definition includes an elementary school, middle or junior high school, or high school.

“Small wind energy system” means, for purposes of ECC 15.340.060, a wind energy conversion system with a rated output up to and including 20 kW in residential zones and up to and including 100 kW in commercial, industrial and public reserve zones and consisting of: wind turbine, tower, base and associated control or conversion electronics, as well as all anchors, guy cables and hardware.

“Special valuation for improvements to historic property” or “special valuation” means, for purposes of Chapter 15.280 ECC, the local option program established under the authority of Chapter 84.26 RCW which, once implemented, makes available to property owners a special tax valuation for rehabilitation of historic properties, under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to 10 years, the actual cost of the rehabilitation.

“Start of construction” includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start date of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Storefront” means a building located adjacent to the sidewalk and featuring nonresidential uses on the ground floor, an entry facing the sidewalk, and transparent window area along at least 70 percent of the ground floor facade between 30 inches and eight feet above grade.

“Structural alteration” means any change, addition, or modification in the supporting members of a building or structure such as bearing walls, columns, beams or girders, floor joists or roof joists.

“Structure” means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. It shall also include but not be limited to buildings, manufactured homes, walls, fences, billboards and poster panels. For the purposes of the floodplain district provisions only, as set forth in Division VI, the term “structure” shall be limited to mean a walled and roofed building including a gas or liquid storage tank that is principally aboveground. For the purposes of airport overlay zone regulations set forth in Chapter 15.350 ECC, “structure” means an object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

“Studio apartment” means a dwelling unit no larger than 500 square feet with one habitable room together with a kitchen or kitchenette and bathroom facilities.

“Subdivision” means the division of land as governed by Washington State in Chapter 58.17 RCW and by Chapter 15.260 ECC and other applicable sections of the LDC.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term can exclude:

a. Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

“Supplemental directional sign” is a sign that is required under the Washington State Department of Transportation “Motorist Information Sign Program” to provide supplemental direction to assist interstate travelers to locate businesses advertised on interstate information signs through the state program. Such signs shall be no more than 24 inches by 12 inches in size, shall be of similar color and design as required under the state program for motorist information signs, and may be located at off-premises locations within the city. [Ord. 4807 § 11, 2018; Ord. 4803 § 1, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

2. Intractable pain, limited for the purpose of this title to mean pain unrelieved by standard medical treatments and medications; or

3. Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or

4. Crohn’s disease with debilitating symptoms unrelieved by standard treatments or medications; or

5. Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or

6. Diseases, including anorexia, which result in nausea, vomiting, cachexia, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or

7. Any other medical condition duly approved by the Washington State Medical Quality Assurance Commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter.

“Transitional surfaces,” for the purposes of Chapter 15.350 ECC, extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each one foot vertically from the sides of the conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

“Transportation demand management” or “TDM” means a broad range of strategies that reduce or shift use of the roadway, thereby increasing the efficiency and life of the overall transportation system. TDM programs influence travel behavior by using strategies that accommodate more person-trips in fewer vehicles, shift the location or time of day at which trips are made, or reduce the need for vehicle trips.

“Treatment” means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, amendable for energy or material resource recover, amendable for storage, or reduced in volume.

“Usable floor area” is a term used in computing parking requirements, meaning the aggregate area of a building enclosed by the interior face of exterior walls on the first story, and including the floor area, similarly measured, of each additional story which is connected to the first story by a fixed stairway, escalator, ramp or elevator, and the floor area of all accessory buildings, measured similarly, but excluding that part of any floor area which is occupied by heating, ventilating, or other permanently installed equipment required for operation of the building, and by unenclosed porches, light shafts, public corridors and public toilets. For uses not enclosed with a building, the area for sales, display, or service shall be measured to determine equivalent usable floor area.

“Utility facility” means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. For commercial wireless communication support towers, antenna arrays, and facilities, see ECC 15.340.070 for applicable standards and procedures.

“Utility runway” means, for the purposes of Chapter 15.350 ECC, a runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less. [Ord. 4656 § 1 (Exh. O2), 2013.]

1. A statement signed and dated by a qualifying patient’s health care professional written on tamper-resistant paper, which states that, in the health care professional’s professional opinion, the patient may benefit from the medical use of cannabis;

2. Proof of identity such as a Washington State driver’s license or identicard, as defined in RCW 46.20.035; and

3. In the case of a designated care provider, the signed and dated document valid for one year from the date of signature executed by the qualifying patient who has designated the provider.

“Variance” means an authorized relaxation of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the title would result in unnecessary and undue hardship. As used in this title, a variance is authorized only for height, area, and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts. See ECC 15.250.050.

“Veterinary clinic” means an establishment operated by a veterinarian that provides clinical facilities for medical, dental, surgical treatment, care, and grooming for domestic animals. Small domestic animals include but are not limited to dogs, cats, and other animals of similar size. Veterinary clinics may include pens, kennels, or cages for housing small domestic animals overnight for periods of time that may exceed 24 hours as a commercial venture that is accessory to the primary medical activity performed at the veterinary clinic.

“Wetlands” means, for purposes of Division VI, areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands, if permitted. See Division VI.

“Wind turbine” means, for purposes of ECC 15.340.060, the parts of the wind system including the blades, generator and tail.

“Wireless communication antenna array” means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency (RF) signals through electronic energy, which may include omnidirectional antenna (whip), directional antenna (panel) and parabolic antenna (dish).

“Wireless communication facility” means any unstaffed facility for the transmission and/or reception of radio frequency (RF) signals through electromagnetic energy usually consisting of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission and reception devices or antenna.

“Wrecking yard, vehicle” means any area, lot, land, parcel, building, structure, or part thereof where buying, selling, or dealing in vehicles of a type required to be registered under Washington State law, for the purpose of wrecking, dismantling, disassembling, or substantially changing the form of a vehicle, or buying or selling integral secondhand parts, in whole or in part is taking place. [Ord. 4807 § 14, 2018; Ord. 4803 § 1, 2018; Ord. 4656 § 1 (Exh. O2), 2013.]

“Yard” means a required open space unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, however, that fences, walls, covered building entries, and limited building projections may be permitted in any yard subject to limitations as indicated herein (see ECC 15.320.080).

Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel.

Depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.

Widths of required side yards shall be measured at right angles to a straight line joining the ends of front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established. [Ord. 4656 § 1 (Exh. O2), 2013.]